00-0626R

RESOLUTION OVERTURNING A PLANNING COMMISSION ACTION GRANTING A WATER RESOURCES MANAGEMENT ORDINANCE VARIANCE TO BETTY GEORGE SOLA, ET AL., FOR PROPERTY LOCATED AT 701 LAKE AVENUE.

BY PRESIDENT GILBERT:

WHEREAS, an appeal has been submitted to the city council of the planning commission granting of a Water Resources Management Ordinance variance allowing a 60 percent impervious surface on 60 percent of the area of property described as Lots 238 and 140, Lake Avenue, Upper Duluth, and Lots 235, 237 & 239, Minnesota Avenue, Upper Duluth, and located at 701 Lake Avenue South, 718-720 Minnesota Avenue; and

WHEREAS, the city council finds that the planning commission's findings granting the variance were not consistent with the intent and purposes of the Water Resources Management Ordinance, that denying the variance does not cause an undue hardship because the land can still be used, that allowing 60 percent impervious surface will cause untreated run off to harm the environment or Lake Superior, and that safeguards do not exist to protect the comprehensive plan or to conserve or protect property values in the neighborhood.

NOW, THEREFORE, BE IT RESOLVED, that the city council overturns the action of the city planning commission of August 23, 2000, and denies the Water Resources Management Ordinance variance which would have a 60 percent impervious surface for the property described as Lots 238 and 140, Lake Avenue, Upper Duluth, and Lots 235, 237 & 239, Minnesota Avenue, Upper Duluth, and located at 701 Lake Avenue South, 718-720 Minnesota Avenue.


STATEMENT OF PURPOSE:  This resolution overturns the planning commission action of August 23, 2000 which granted an impervious surface variance from the general development shoreland zone requirement of 30 percent maximum surface to allow for up to 60 percent impervious surface for the redevelopment of property locate at 701 Lake Avenue South on Park Point

The planning commission granted this variance by a vote of 5-4 at its August 23, 2000, meeting.